Unopposed prosecutor Anton Bell holds fundraiser

Several members of the Peninsula's criminal defense bar joined up with Hampton's politicos recently to give money to the city's top prosecutor in his unopposed bid for re-election.

Roughly 100 to 125 people, many of them lawyers whose practice means they regularly ask prosecutors to drop charges against their clients or accept plea bargains, paid $100 to $500 a head at a Thursday fundraiser for Commonwealth's Attorney Anton Bell.

"They're people who know him and respect what he's done," said the event's organizer, attorney Stephen L. Grobel. Grobel's own practice does not include criminal matters.

"They feel he's objective; he'll talk about a plea bargain when it's appropriate but will be aggressive on plenty of cases," Grobel said.

Bell's office brings more cases to trial, instead of plea-bargaining or dropping charges, than the state average. Virginia Supreme Court data show nearly 40 percent of Hampton felony and misdemeanor cases are tried, compared to 30 percent statewide.

"A lot of people who were there were supporters before," Bell said when asked about the fundraiser. "In my tenure, nobody has ever asked me for a favor."

Bell said he held the fundraiser because "I got the advice early on: always run as if you're opposed."

But Mary Boyle, of the nonprofit citizen's group Common Cause, said the problem is perception.

"It's hard to ignore a $500 donation in an uncontested election," she said. "It just doesn't look good."

Donations to elected officials who can affect the giver's business are common – the overwhelming majority of donations to state legislators' races are from businesses and other interest groups that lobby the General Assembly for favorable laws – but unlike other states Virginia does not limit who can give or how much they can give.

James M. McCauley, ethics counsel for the Virginia State Bar, said professional conduct rules say lawyers in public office should not accept anything of value if it is obviously given to influence action. It is also a violation of those rules for a lawyer to suggest he or she can improperly influence a public official.

"These rules, however, in my opinion, do not prohibit layers from participating in the political process as citizens, nor should they," he said.

Still, he added, "in abundance of caution, and to avoid the appearance of improper influence, it is recommended that political contributions be made through a process or committee by which the candidate is not made aware of who donated and how much."

He said it would be appropriate for prosecutors to recuse themselves from a case if made aware of a large donation to their campaigns from the opposing lawyer.